SB3801 104TH GENERAL ASSEMBLY

LRB104 20178 AAS 33629 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3801

Introduced 2/6/2026, by Sen. Celina Villanueva

SYNOPSIS AS INTRODUCED:

225 ILCS 60/33	from Ch. 111, par. 4400-33
225 ILCS 85/22	from Ch. 111, par. 4142

Amends the Medical Practice Act of 1987. In provisions concerning legend drugs, provides that, at the request of a person dispensing a drug or medicine, the label affixed to a box, bottle, vessel, or package containing mifepristone, misoprostol, or any generic alternative may include the name of the dispensing health care practice instead of the name of the person dispensing the drug or medicine. Amends the Pharmacy Practice Act. In provisions concerning the label of a drug, medicine, or poison that is lawfully sold or dispensed, provides that, at a prescriber's request, the label affixed to a box, bottle, vessel, or package containing mifepristone, misoprostol, or any generic alternative may include the name of the prescribing health care practice instead of the name of the prescriber.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Medical Practice Act of 1987 is amended by changing Section 33 as follows:

(225 ILCS 60/33) (from Ch. 111, par. 4400-33)

(Section scheduled to be repealed on January 1, 2027)

Sec. 33. Legend drugs.

(a) Any person licensed under this Act to practice medicine in all of its branches shall be authorized to purchase legend drugs requiring an order of a person authorized to prescribe drugs, and to dispense such legend drugs in the regular course of practicing medicine. The dispensing of such legend drugs shall be the personal act of the person licensed under this Act and may not be delegated to any other person not licensed under this Act or the Pharmacy Practice Act unless such delegated dispensing functions are under the direct supervision of the physician authorized to dispense legend drugs. Except when dispensing manufacturers' samples or other legend drugs in a maximum 72 hour supply, persons licensed under this Act shall maintain a book or file of prescriptions as required in the Pharmacy Practice Act. Any person licensed under this Act who dispenses any drug or medicine shall dispense such drug or medicine in good faith and shall affix to the box, bottle, vessel or package containing the same a label indicating (1) the date on which such drug or medicine is dispensed; (2) the name of the patient; (3) the last name of the person dispensing such drug or medicine; (4) the directions for use thereof; and (5) the proprietary name or names or, if there are none, the established name or names of the drug or medicine, the dosage and quantity, except as otherwise authorized by regulation of the Department.

(b) The labeling requirements set forth in subsection (a) shall not apply to drugs or medicines in a package which bears a label of the manufacturer containing information describing its contents which is in compliance with requirements of the Federal Food, Drug, and Cosmetic Act and the Illinois Food, Drug, and Cosmetic Act. "Drug" and "medicine" have the meanings ascribed to them in the Pharmacy Practice Act, as now or hereafter amended; "good faith" has the meaning ascribed to it in subsection (u) of Section 102 of the Illinois Controlled Substances Act.

(c) Prior to dispensing a prescription to a patient, the physician shall offer a written prescription to the patient which the patient may elect to have filled by the physician or any licensed pharmacy.

(d) A violation of any provision of this Section shall constitute a violation of this Act and shall be grounds for disciplinary action provided for in this Act.

(e) Nothing in this Section shall be construed to authorize a chiropractic physician to prescribe drugs.

(f) Notwithstanding subsection (a), at the request of the person dispensing a drug or medicine, the label affixed to a box, bottle, vessel, or package containing mifepristone, misoprostol, or any generic alternative may include the name of the dispensing health care practice instead of the name of the person dispensing the drug or medicine.

(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

Section 10. The Pharmacy Practice Act is amended by changing Section 22 as follows:

(225 ILCS 85/22) (from Ch. 111, par. 4142)

(Section scheduled to be repealed on January 1, 2028)

Sec. 22. Except as provided in this Section or only in the case of a drug, medicine, or poison which is lawfully sold or dispensed, at retail, in the original and unbroken package of the manufacturer, packer, or distributor thereof, and which package bears the original label thereon showing the name and address of the manufacturer, packer, or distributor thereof, and the name of the drug, medicine, or poison therein contained, and the directions for its use, no person shall sell or dispense, at retail, any drug, medicine, or poison, without affixing to the box, bottle, vessel, or package containing the same, a label bearing the name of the article distinctly shown, and the directions for its use, with the name and address of the pharmacy wherein the same is sold or dispensed. However, in the case of a drug, medicine, or poison which is sold or dispensed pursuant to a prescription of a physician licensed to practice medicine in all of its branches, a physician assistant in accordance with subsection (f) of Section 4 of this Act, an advanced practice registered nurse in accordance with subsection (g) of Section 4 of this Act, a licensed dentist, a licensed veterinarian, a licensed podiatric physician, or a licensed optometrist, the label affixed to the box, bottle, vessel, or package containing the same shall show: (a) the name and address of the pharmacy wherein the same is sold or dispensed; (b) the name or initials of the person, authorized to practice pharmacy under the provisions of this Act, selling or dispensing the same, (c) the date on which such prescription was filled; (d) the name of the patient; (e) the serial number of such prescription as filed in the prescription files; (f) the last name of the practitioner who prescribed such prescriptions; (g) the directions for use thereof as contained in such prescription; and (h) the proprietary name or names or the established name or names of the drugs, the dosage and quantity, except as otherwise authorized by rule of the Department. At a prescriber's request, the label affixed to a box, bottle, vessel, or package containing mifepristone, misoprostol, or any generic alternative may include the name of the prescribing health care practice instead of the name of the prescriber.

(Source: P.A. 100-497, eff. 9-8-17.)